alleged copartners, were doing business as such at

under the firm name and style of

in said

as

were adjudicated bankrupt upon an involuntary petition filed against them on the ...... day of ... 19..., a copy of which petition and the order of adjudication of said partnership are on file with the clerk and referred to as part hereof as Exhibits and ......, respectively. That thereupon the administration of the estate of said bankrupt was duly referred by the judge' of said court to a referee in bankruptcy, at ...

......

the order of reference being referred to and made a part thereof as Exhibit ......, and thereafter such proceedings were had that your petitioner was duly appointed trustee of said bankrupt estate and duly qualified, and has ever since been acting as such trustee. Certified copies of the order so appointing the petitioner and of his bond as trustee are referred to and made a part hereof as Exhibits ...... and ................, and ......, respectively.

That in said partnership proceedings it was discovered and ascertained that ... a member of said copartnership, was in the .... District of and that such partnership actually did exist at the has ever since and

and is a resident of ....

time of said adjudication; that

......

now does disclaim any such partnership interest in said firm, and

has refused to appear and does refuse to appear and satisfy the debts and provable claims of said bankrupt estate, although requested so to do; that attached thereto and referred to as Exhibit ..... is a memorandum of claims, the amount of dividends paid, and the balance in the hands of the trustee, and there remains due to the creditors of said bankrupt partnership approximately $........; that there are no partnership assets from which the same can be realized or paid, and that there are no assets of the said

.. to pay the same; that in the involuntary bankruptcy proceedings hereinbefore mentioned the said partnership and the said individually filed schedules of assets and liabilities with the referee, to whom the said proceedings were referred as before alleged, and that presented and filed herewith are certified copies of such schedules, which copies the petitioner will file herewith in this court. That thereafter the said individually filed a

voluntary petition in bankruptcy in said court, and on the

day of rupt at

That said

.....

19..., was individually adjudicated a bankin said State; a certified copy of such order of adjudication being referred to as part hereof and marked Exhibit owns a large amount of real .. District of ... and elsewhere, and that in order to secure the creditors of said estate, and protect such creditors, it is necessary to institute ancillary proceedings in the United States District Court for the against the said ...

estate and stock in corporations in the

......

District of

Division, in order that the provable claims

of the creditors of said estate may be paid and satisfied.

That on the ....... day of

applied to said Referee

19..., your petitioner for an order allowing your

petitioner authority to institute ancillary proceedings in this court; a copy of such petition and order being referred to as part hereof and marked Exhibit That at said time your petitioner also

......

made application to said referee for the appointment of

attorney at law,

.....

as attorney

for your petitioner to institute such ancillary proceedings, which petition and the order of the referee thereon are referred to as parts. hereof and marked Exhibits ...... and Wherefore, your petitioner, as trustee of

and style of

.......

respectively.

and

as copartners doing business under the firm name

..,

bankrupt, at .....

respectively prays this court for an order allowing ancillary proceedings herein in aid of your petitioner as such trustee.

being first duly sworn deposes and says: That he is the trustee named in the above petition and the person

who made the foregoing application; that he has read said petition and knows the contents thereof; and that the facts therein stated are true to the best of his knowledge and belief.

(Signed)

Subscribed and sworn to before me this ...... day of

and ....

...

name and style of

Bankrupt.

in said District, on

19..., before the Honorable

District of

day of .....

... day of

19..., the petition of

as trustee in bankruptcy of ...

as copartners doing business under the firm

bankrupt, having come on to

be heard by the court in chambers, and it being shown to the satisfaction of the court that the above-named ...

and as copartners doing business under the firm name and style of have been fully adjudicated a bankrupt by the United States District Court for the District of and that the administration of its and their estate

as referee in bankruptcy, that the petitioner

is the duly appointed and qualified trustee of said bank

rupt, and that it is proper and necessary, in aid of said trustee, that ancillary proceedings be instituted and had in the ..

trustee, it is hereby ordered that the prayer of said petitioner be and it is hereby granted, and ancillary proceedings in aid of said

as trustee of said

and as copartners doing business under the firm name and style of bankrupt, be and they are hereby instituted in this court. It is hereby further ordered that said ancillary proceedings and matters arising in connection therewith be and they are hereby referred to

., Esq., at 19..., a referee in bankruptcy in this court, to take such action and make such orders as may be proper in the

ORDER TRANSFERRING PROCEEDINGS TO ANOTHER DISTRICT (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 48.)

At a stated term of the District Court of the United States, held in and for the .. District of ...

at the Court House in the City of

on the .... day of

19...

......

PRESENT:
Hon.

District Judge.

IN THE MATTER OF

Upon reading and filing the annexed petition of

daly verified, and upon all the proceedings heretofore had herein, and

it appearing to the satisfaction of this Court that the above named has been duly adjudicated a bankrupt in similar proceedings in the District Court of the United States for the .. district of ..... and it further appearing that said District Court can proceed with the administration and conduct of the said bankrupt's estate for the greatest convenience of the parties in interest and no one appearing in opposition thereto, it is on motion of attorney for the petitioner, Ordered, that these proceedings be and the same hereby are transferred to the District Court for the

district of

and consolidated with the proceedings in the same

matter now pending in said Court.

Cross-references.- See 88 2(19) and 32, Vol. I, ante.

In general.

D. J.

In re Tybo Mining & Reduction Co., 13 Am. B. R. 68, 132 Fed. 697.
Kyle Lumber Co. v. Bush, 13 Am. B. R. 535, 133 Fed. 688, 66 C. C. A. 592.
Consolidation of proceedings.

Salt Lake Valley Canning Co. v. Collins (C. C. A., 9th Cir.), 23 Am. B. R. 716, 176 Fed. 91, 99 C. C. A. 611.

In re General Metals Co., 12 Am. B. R. 770, 133 Fed. 84.

In re Sears, 7 Am. B. R. 279, 112 Fed. 58.

In re United Button Co., 13 Am. B. R. 454, 132 Fed. 378.

In re Waxelbaum (D. C., N. Y.), 3 Am. B. R. 392, 98 Fed. 589.

Court first acquiring jurisdiction has exclusive jurisdiction to determine the question of a transfer for, "convenience of parties" under § 32 of the Act. In re Sterne & Levi (D. C., Tex.), 26 Am. B. R. 259, 190 Fed. 70. Compare In re Elmira Steel Co., 5 Am. B. R. 484, 109 Fed. 456. Meaning of terms, "party in interest" and "greatest convenience.” In re Sterne & Levi (supra).

In re United Button Co. (supra).